Board of Selectmen Minutes
Meeting date:
Thursday, October 4, 2012
Board of Selectmen Present: David Lindsay
October 4, 2012 Stanley Wysocki
Lawrence Delaney
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 6:30 p.m.
EXECUTIVE SESSION
On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted 3-0 by roll call (Lindsay – yes, Wysocki – yes, Delaney - yes) to enter into executive session under the authority of Massachusetts General Laws, Chapter 30A, Section 21A (3) at 6:30 p.m. to discuss collective bargaining. The Board announced it would reconvene to regular session.
OPEN SESSION
On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted 3-0 by roll call (Lindsay – yes, Wysocki – yes, Delaney – yes) to reconvene to regular session at 7:10 p.m.
MINUTES
On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted to approve the minutes of September 20, 2012. (Lindsay – yes, Wysocki – yes, Delaney – yes)
VILLAGE OVERLAY
Present: Jenny Atwood Burney, Town Planner, and Jonathan Keep and Mark Duggan, Planning Board chair and member respectively
The Planning Board members and Ms. Burney met with the Board of Selectmen to discuss the Village Overlay District and seek support from the Board to form a study committee to continue the efforts.
At a meeting held by the Planning Board following the Annual Town Meeting, they were encouraged by town residents attending the meeting to continue working on the Village Overlay District and consider modifications such as a mandatory housing component and eliminating the Salt Box from the prospective District.
Ms. Burney has applied for a Sustainable Communities Grant from the Metropolitan Area Planning Council (MAPC) that builds off of the 495 Study to continue working on the Village Overlay District.
The Board of Selectmen supported the recommendation of the Planning Board to form a study committee to continue the efforts. The Committee will consist of members of various boards and committees in town and the general public. Ms. Burney will seek interested individuals to serve on the study committee and report back to the Board of Selectmen for the establishment and appointment of the new committee.
FORBUSH MILL ROAD – SOCCER FIELDS
Present: Karen Regan, Chairman of Parks/Recreation Commission, Jackie Foster, abutter to the soccer fields, and Tom Pokorney and Scott Powell, members of the Over the Hill Soccer Team
Ms. Regan, Chairman of Parks/Recreation Commission met with the Board of Selectmen to discuss the complaint filed by Jacky Foster regarding the early morning noise on the Forbush Mill Road soccer fields on Sundays. Ms. Foster stated in her complaint that the Over the Hill Soccer League started playing on the Forbush Mill Road fields at 7:30 a.m. on Sunday morning, yelling and kicking balls 100 feet from her families’ bedroom windows.
Ms. Regan read aloud a statement from the Parks and Recreation Commission in response to the complaints received with regard to the use of Forbush Mill Road from June 2009 to present. The Parks and Recreation Commission have taken the Forbush Mill Road Field situation very seriously and have discussed the issue in depth to find a fair and equitable solution. The Forbush Mill Road fields are open to the public from dusk to dawn. Use of the fields is reviewed and approved by the Parks and Recreation and all groups must adhere to the agreed upon Rules and Regulations. As a result of previous complaints, the Parks and Recreation agreed to schedule league games on Sunday after 12:00 p.m., and the neighbors agreed to grandfather the Over the Hill Soccer League games on Sunday with the understanding they would not start any earlier than 8:00 a.m.
Mr. Lowe, Town Administrator confirmed that the fields are ultimately under the control of the Board of Selectmen, and, as with all other fields, the Parks and Recreation manages them for the town.
Ms. Foster reiterated her concerns, asking for a little consideration to be able to sleep in later than 7:15 a.m. on Sunday mornings. The Board also received a letter from Ben Becker, abutter to the Forbush Mill Road fields stating that the “dawn to dusk” policy is a bit vague and suggested a later start time for Sunday games.
For the record, Mr. Pokorney stated that no one is there at 7:15 a.m. Mr. Powell stated that if the games were pushed back to 9:00 a.m. the league may not be able to play back to back games which would mean having to play twice as many Sundays. Ms. Foster indicated that she would prefer that games begin at 9:00 a.m., even if that meant more Sunday morning games.
On a motion made by Lindsay and seconded by Wysocki, the Board of Selectmen voted to change the start time of games on Sundays to 9:00 a.m., effective with the spring soccer season starting in March, 2013. (Lindsay – yes, Wysocki – yes, Delaney – yes)
SIGN ENFORCEMENT
Present: Michael Sauvageau, Building Inspector
Mr. Sauvageau met with the Board of Selectmen to discuss sign enforcement after receiving complaints from owners of the Country Dogs Day Care at 626 Main Street implying that the Town is selective in enforcing the sign bylaws.
Mr. Sauvageau stated that he tries to be consistent with sign enforcement and is here to help for the benefit and protection of the owner. Normally, he responds to inquiries regarding particular signs but he will pick up signs along Route 117 and in common areas if it is obvious the signs do not belong to anyone in town. If an unauthorized sign that belongs to a local business comes to his attention, he will speak with the business owner, asking that the sign be removed until they have received approval from the Board of Selectmen. In most cases, Mr. Sauvagneau explained, people are just not aware of the sign bylaw.
Mr. Lindsay stated that it is not selective enforcement but enforcement a small town like ours is capable of. Because his hours are limited, we can’t have our building inspector driving around town checking on signs. Enforcement comes when we get a valid complaint about a sign.
Mr. Lowe reported that he has received an inquiry from a new business in town regarding the process for putting up a “help wanted” sign and that company will be taking the appropriate steps by meeting with the Board of Selectmen to seek approval for the sign.
Mr. Lowe stated that Mr. Sauvageau does an outstanding job for the Town of Bolton and we are fortunate to have him.
TOWN ADMINISTRATOR REPORT
Update on Fyfeshire Dam Request for Proposal: Mr. Lowe reported that three responses were received from engineers in regard to the Requests for Proposal for the design, engineering and permitting services to lower the level of the Fyfeshire Dam. The next step is for the Selection Committee to review the proposals and meet with the engineers.
Telecommunications Expenses: Mr. Lowe reported that he has entered into an agreement with a telecommunications company to review our telephone expenses. The combination of new contracts and the elimination of some phone lines will result in a savings of approximately $7,500 per year.
Sipowicz Court Hearing: The case is still being considered, and the Clerk Magistrate has not ruled on the matter.
State Regulations regarding one-day liquor licenses: The State Fire Marshall has issued a memorandum stating that state regulations require a successful inspection by the Building and Fire Departments for a one-day liquor license to be issued. This is the same inspection required for the annual liquor licenses. Based on this information, Mr. Lowe recommended that the Board of Selectmen re-vote their approval of the one-day liquor licenses for Bruce Slater, on October 6, 2012 and Schartner Farm, on October 13 & 14, 2012 that were originally approved on September 29, 2012. On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted to approve and execute the one-day liquor licenses contingent on successful inspections by the Building and Fire Departments. (Lindsay – yes, Wysocki – yes, Delaney – yes)
Caisse/Verizon Easement: The aerial easement for the placement of poles at Wattaquadock Hill Road and Old Bay Road has been executed by Ela Family Farm LLC (Nancy Caisse), Verizon New England and Massachusetts Electric Company.
New Website Design: The Town’s website has been redesigned and will be launched on Friday, October 12, 2012.
Tri-Town Meeting: Bolton will host the Tri-Town meeting on Wednesday, October 10, 2012.
BOARD OF SELECTMEN BUSINESS
Review of the Special Town Meeting: The Special Town Meeting held on Tuesday, October 2, 2012 went smoothly and was well attended. Voters did not support the science lab project at the Nashoba Regional High School.
It was the Board of Selectmen’s opinion that the Nashoba Regional High School Administration and School Committee needs to do a better job of communicating with the public officials and townspeople from the three towns about what is going on.
Mr. Dinjian, Chairman of the Advisory Committee stated it would be nice to know what the long term capital needs are for the School District and suggested quarterly meetings with School Committee members to discuss these needs.
A suggestion was made that the town’s Capital Planning Committee provides a written report as part of the Annual Town Meeting warrant.
Town Easements – Main Street: The Board of Selectmen executed the easement between the Town of Bolton and Verizon New England and Massachusetts Electric Company for the purpose of constructing, reconstructing, repairing and maintaining two (2) push brace poles located on the northerly sideline at Utility Pole #4 and Utility Pole #5 in front of 697 Main Street and one (1) stub pole located on the northerly sideline of Main Street at Utility Pole #14 in front of 663 Main Street.
Request for funds for BatCo Operating Expenses: On a motion made by Wysocki and seconded by Delaney, the Board of Selectmen voted to release $15,800 from the Comcast fund to BatCo for their operating expenses for the months of September, October and November, as requested by Mr. Shnitzler, Treasurer. (Lindsay – yes, Wysocki – yes, Delaney – yes)
Warrant for the 2012 State Election: The Board of Selectmen executed the warrant for the 2012 State Election.
Meeting Schedule: The Board of Selectmen will meet on November 1 and 29, 2012 and cancel their meetings of October 25 and November 8, 2012. The Board of Selectmen will also meet on Thursday, December 13 & 27, 2012, and Thursday, January 10 and 24, February 7 and 28, March 14 and 28, April 11 and 25 and May 9, 2013.
On a motion made by Delaney and seconded by Wysocki, the Board of Selectmen adjourned at 8:50 p.m. (Lindsay – yes, Wysocki – yes, Delaney – yes)
Respectfully submitted by Linda L. Day